The problem

Every year, Canada admits thousands of individuals into the country under foreign worker status, many of whom are employed in private households and on farms. These individuals face one or more measures restricting their right to resign and change employers – such as employer(s)-specific work permits or standard work contracts with clauses tying them to a specific employer in the country.

If the employment relationship ends with the employer-sponsor (or group of employers-sponsors), the individual’s right to work in Canada is automatically revoked. As such, workers tied to their employers are radically hesitant to quit or take any action that could put their jobs at risk. This includes declining unsafe work, demanding the respect of the contract or reporting a right violation.

Since employer-tying measures impose such serious consequences on workers who quit or resign (such as the risk of not being able to renew their work permit), these workers de facto end up, according to North American jurisprudence, in a legal condition of servitude.

The particular susceptibility of employer-tied migrants to human rights abuses has been consistently recognized over the past decades by several U.N. agencies and human rights organizations like Amnesty International and Human Rights Watch. Recently, a UN Special rapporteur confirmed that Canada’s closed work permit system constitutes a “breeding ground” for contemporary forms of slavery. Furthermore, the legality of work permits restricted to specific employers has been challenged in front of a national Supreme Court. In 2006, in a unanimous ruling, it was held that tied permits represent an unjustifiable and, therefore, unlawful infringement on fundamental rights:

“Indeed, we cannot avoid the conclusion — a painful and shameful conclusion — that the foreign worker has become his employer’s serf, that the restrictive arrangement with all its implications has hedged the foreign worker in from every side and that the restrictive arrangement has created a modern form of slavery.”

Our objective

DTMF’s constitutional class action holds historical and global significance. Employer-tied worker admission programs are on the rise, both in Canada and worldwide. An action forcing Canada to acknowledge that employer-tying measures violate fundamental rights and obtaining compensation for the harm done is a crucial step towards admission programs with open work permits and permanent status recognition compatible with the exercise of rights. The End Migrant Worker Unfreedom action will accelerate an urgent and necessary paradigm shift, in Canada and worldwide.

Why a constitutional class action?

Despite evidence of their devastating impact on workers’ rights, acknowledged in Canada by tribunals, rights commissions, and parliamentary committees, the federal government has refused to end employer-tying measures – and in particular, to replace restricted work authorizations with open work permits for all workers.  A constitutional class action is an effective way to obtain compensation for the individuals knowingly harmed by unconstitutional policies, to put an end to ongoing fundamental rights violations, and to educate current and future governments on the subject.

YouTube video: Why a legal action towards the freedom to change employers?

Case updates

• December 13, 2024 – Originating application for a constitutional class action submitted to the Quebec Superior Court! (FR | ENG)
• November 7, 2024 – No appeal of the authorization – Press release (FR | ENG)
• September 25, 2024 – Newsletter on the authorization decision
• September 13, 2024 – Quebec Superior Court’s decision authorizing DTMF‘s constitutional class action (FR | ENG)
• September 9, 2024 – Newsletter on the authorization hearing
• June 12, 2024 – Hearing in Montreal for authorization of EMWU class action
  • Press Release (FR | ENG)
  • Mobilization Flyer (ENG | FR | SPA)
• November 28, 2023 – Launch of advisory committee – Quebec
• November 14, 2023 – Launch of advisory committee – English Canada
• November 5, 2023 – Fundraising cocktail and screening of the movie RICHELIEU – with the director and actors
• September 14, 2023 – Application for authorization of DTMF’s constitutional class action submitted to the Quebec Superior Court! (FR | ENG)
• June 2023 – Agreement with a law firm for representation in Court
• April 2023 – Agreement with an individual formerly tied to specific employers to act as a designated member of the class

Support the case!

The End Migrant Worker Unfreedom strategic litigation is part of a multi-year project, encompassing extensive preparation, including exhaustive legal and social science research and constitutional argument development. On September 14, 2023, DTMF took a significant step forward by filing for authorization for a constitutional class action, officially initiating proceedings in court. Moving forward, one of our priorities will remain the consolidation of the project finances to strengthen our organizational capacity and ensure the success of the legal project.

In the media